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Evidence

45 flashcards

Admissible evidence is testimony, documents, or other material that is legally permitted to be considered by the court in reaching a decision on the facts of a case.
In a criminal case, the prosecution must prove the defendant's guilt beyond a reasonable doubt.
In a civil case, the plaintiff must prove their claim by a preponderance of the evidence, meaning it is more likely than not that the claim is true.
The burden of proof refers to the obligation on a party to prove or disprove a disputed fact or issue in a case.
Typically, the order is: 1) Opening statements 2) Plaintiff/Prosecution presents evidence 3) Defendant presents evidence 4) Closing arguments 5) Jury instruction 6) Jury deliberation and verdict.
Hearsay evidence is a statement made out of court that is offered in court to prove the truth of the matter asserted in the statement. It is generally inadmissible unless an exception applies.
Circumstantial evidence is indirect evidence that implies or suggests something but does not directly prove it.
Direct evidence is evidence that directly proves or disproves a fact at issue, such as eyewitness testimony or a confession.
The exclusionary rule prevents the admission of evidence obtained in violation of a defendant's constitutional rights, such as an illegal search or coerced confession.
The best evidence rule requires that the original writing, recording, or other documentation must be submitted as evidence, rather than a copy or substitute, to prove the contents of the document.
A motion in limine is a request made before a trial for the court to rule on the admissibility of certain evidence.
Authentication of evidence refers to the process of proving that evidence is what the proponent claims it is, such as proving the authorship of a document or the origin of physical evidence.
The purpose of cross-examination is to test the credibility and reliability of a witness's testimony, and to elicit facts favorable to the cross-examining party's case.
The rule against character evidence generally prohibits the admission of evidence about a person's character or character trait to prove that they acted in conformity with that character on a particular occasion.
The doctrine of chances allows evidence of a person's prior acts or crimes to be admitted to show that the charged act was not a mere accident or coincidence, but part of a pattern or plan.
The rule of completeness requires that when a party introduces part of a writing or recorded statement, the opposing party may require the introduction of any other part that ought to be considered in the context of the whole.
A leading question is a question that suggests the answer the examiner desires, and is generally not permitted on direct examination of a witness.
Judicial notice is a rule allowing a court to recognize and accept a well-known fact without formal evidence being introduced.
The Frye test is a standard used to determine the admissibility of scientific evidence, requiring that the scientific principle or technique be generally accepted in the relevant scientific community.
The Daubert standard is a test used to determine the admissibility of expert testimony, focusing on principles such as whether the theory or technique can be tested, has been subjected to peer review, and has a known or potential error rate.
The rule of relevance requires that evidence must be relevant to be admissible, meaning it must have a tendency to make a fact more or less probable than it would be without the evidence.
The rule of unfair prejudice allows a court to exclude relevant evidence if its probative value is substantially outweighed by the danger of unfair prejudice, confusing the issues, or misleading the jury.
A privileged communication is a confidential communication between certain parties that is protected from disclosure in legal proceedings, such as the attorney-client privilege or doctor-patient privilege.
The Confrontation Clause of the Sixth Amendment to the U.S. Constitution guarantees a criminal defendant's right to confront and cross-examine witnesses against them.
A stipulation is a formal agreement between parties that certain facts are true and need not be proved at trial.
The fruit of the poisonous tree doctrine excludes evidence obtained as a direct result of an unconstitutional search or seizure.
A voir dire examination is a preliminary examination of a witness or juror to determine their competency or impartiality.
The rule against opinion testimony generally prohibits a lay witness from testifying in the form of an opinion, unless it is rationally based on the witness's perception and helpful to determining a fact in issue.
The best evidence rule has an exception that allows summaries or charts to be used to prove the content of voluminous writings or records that cannot be conveniently examined in court.
The doctrine of opening the door allows the admission of otherwise inadmissible evidence to rebut or explain evidence introduced by the opposing party.
The rule against hearsay within hearsay, or double hearsay, generally prohibits the admission of a statement that contains another statement that is itself hearsay, unless each statement falls under an exception to the hearsay rule.
The rule regarding subsequent remedial measures generally prohibits the admission of evidence of measures taken after an injury or harm occurred, to prove negligence or culpable conduct.
The rule regarding offers of compromise generally prohibits the admission of evidence of offers to compromise or furnish or accept valuable consideration to prove liability or invalidity of a claim.
The rule regarding statements made during settlement negotiations generally prohibits the admission of such statements to prove or disprove the validity or amount of a disputed claim.
The rule regarding liability insurance generally prohibits the admission of evidence that a person was or was not insured against liability, to prove whether the person acted negligently or otherwise wrongfully.
The rule regarding convictions more than 10 years old generally prohibits the admission of evidence of such convictions to attack a witness's credibility, unless the court determines that the probative value substantially outweighs the prejudicial effect.
The rule regarding specific instances of conduct generally prohibits the admission of extrinsic evidence of specific instances of a witness's conduct to prove the witness's character for truthfulness or untruthfulness.
The rule regarding character evidence of the accused generally allows the accused in a criminal case to introduce evidence of a pertinent character trait, but prohibits the prosecution from introducing such evidence unless the accused first opens the door.
The rule regarding habit evidence allows the admission of evidence of a person's habit or routine practice to prove that the person acted in conformity with that habit or practice on a particular occasion.
The rule regarding prior consistent statements generally prohibits the admission of a witness's prior statement that is consistent with the witness's in-court testimony, unless it is offered to rebut a charge of recent fabrication or improper influence or motive.
The rule regarding prior inconsistent statements generally allows the admission of a witness's prior statement that is inconsistent with the witness's in-court testimony, for the purpose of impeaching the witness's credibility.
The rule regarding past recollection recorded allows a witness to read or be read a past recorded statement made when the matter was fresh in the witness's memory, if the witness cannot currently recall the matter and the recorded statement was made or adopted by the witness.
The rule regarding present sense impressions allows the admission of a statement made while or immediately after the declarant perceived the event, describing or explaining the event, as an exception to the hearsay rule.
The rule regarding excited utterances allows the admission of a statement made while the declarant was under the stress or excitement caused by a startling event or condition, as an exception to the hearsay rule.
The rule regarding then-existing mental or emotional condition allows the admission of a statement about the declarant's then-existing state of mind or emotion, as an exception to the hearsay rule.